PACIFIC TELECOMMUNICATIONS LTD. v. BB TELECOM LTD. AND ANOTHER

PACIFIC TELECOMMUNICATIONS LTD. v. BB TELECOM LTD. AND ANOTHER

The defendants' allegations of fundamental breach and massive loss are not credible or supported by contemporaneous evidence; the 20 August and 3 September 1998 letters unequivocally accepted the exact sum claimed and are not without prejudice; therefore there is no believable case for counterclaim or set-off and judgment must be entered for the plaintiff for the unpaid balance and interest, with costs to follow.

Citation
PACIFIC TELECOMMUNICATIONS LTD. v. BB TELECOM LTD. AND ANOTHER
Parties
Plaintiff: PACIFIC TELECOMMUNICATIONS LIMITED; First Defendant: BB TELECOM LIMITED; Second Defendant: LAU KWAN MING ROGER
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 August 1999
Case Number
HCA19538/1998
Procedural Posture
Contract Sale of Business Assets and Guarantee; Debt Recovery / Application for Summary Judgment and Appeal Against Master's Conditional Leave to Defend
Outcome
Judgment entered for plaintiff for the outstanding balance with interest; defendants' attempt to avoid immediate judgment dismissed; order nisi for costs made
Legal Topics
Summary Judgment, Leave to Defend, Counterclaim and Set Off, Without Prejudice Privilege, Evidence and Contemporaneous Documents, Liquidation
Source Language
EN
Contract Debt Recovery Guarantee Civil Procedure Commercial Law Summary Judgment Leave to Defend Counterclaim and Set Off +3 more

Case Brief

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Parties

PACIFIC TELECOMMUNICATIONS LIMITED

Plaintiff

BB TELECOM LIMITED

First Defendant

LAU KWAN MING ROGER

Second Defendant

Procedural Posture

Contract Sale of Business Assets and Guarantee; Debt Recovery / Application for Summary Judgment and Appeal Against Master's Conditional Leave to Defend

Legal Issues

  1. 1 Whether defendants have an arguable defence justifying a trial
  2. 2 Whether the 20 August 1998 and 3 September 1998 letters are without prejudice and inadmissible
  3. 3 Whether the second defendant is liable under his guarantee despite alleged breaches by the plaintiff

Ratio Decidendi

The defendants' allegations of fundamental breach and massive loss are not credible or supported by contemporaneous evidence; the 20 August and 3 September 1998 letters unequivocally accepted the exact sum claimed and are not without prejudice; therefore there is no believable case for counterclaim or set-off and judgment must be entered for the plaintiff for the unpaid balance and interest, with costs to follow.

Court Disposition

Judgment entered for plaintiff for the outstanding balance with interest; defendants' attempt to avoid immediate judgment dismissed; order nisi for costs made

Orders

  • Judgment for the plaintiff for 16560832 with interest as claimed in the statement of claim until judgment and thereafter at the judgment rate
  • Order nisi that the defendants pay the plaintiff's costs of action and this application, here and below